FA-1015_19070_F_PATA_20210305_13 FoodLion SOW

Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, NC 27703
Tel [phone]
www.woodplc.com

2940 ARROWHEAD ROAD
DUNN, HARNETT COUNTY, NORTH CAROLINA
WOOD PROJECT NO.: 6228210058

Dear Mr. Brown:

Wood Environment & Infrastructure Solutions, Inc. (Wood) is pleased to submit this electronic preapproval
task authorization form to receive reimbursement from the Underground Storage Tank (UST) Trust Fund for
the proposed quarterly sorbent sock maintenance and comprehensive groundwater sampling event. The
quarterly sorbent sock maintenance and comprehensive sampling event will be performed at the Food Lion
Distribution Center #4, in Dunn, North Carolina.

Supporting documents are attached to communicate the scope of work planned to be performed during the
proposed preapproval task completion period (e.g., 1st Quarter 2021 – 3rd Quarter 2021).

If you have any questions concerning the electronic preapproval task authorization form, please contact
Anthony Kellogg at [phone].

Sincerely,

Wood Environment & Infrastructure Solutions, Inc.

David Young, PG Anthony Kellogg
Project Geologist Project Manager

Attachment: Preapproval Task Authorization Form (Excel)
Site Layout and Well Location Map
Sorbent Sock Quote
IDW Transportation and Disposal Quote
2021 Wood Proposal
March 5, 2021

Mr. James Brown
NCDEQ-DWM Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, North Carolina 28301

Subject: UST TRUST FUND REIMBURSEMENT – PREAPPROVAL FORM
FOOD LION DISTRIBUTION CENTER #4 – INCIDENT NO. 19070
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281 Lane Parkway, Salisbury, NC 28146 Tel: [phone] [e-mail]

September 21, 2020

Mr. Anthony Kellogg
Wood, PLC
4021 Stirrup Creek Dr., Suite 100
Durham, NC 27703
Direct: [phone]
Mobile: [phone]
[e-mail]

RE: Transportation & Disposal Services
Dunn, NC

Mr. Kellogg:

CCI Environmental Services, Inc. (CCI) is pleased to submit this proposal to Wood for the
transportation and disposal services required at your Dunn, NC project site. This proposal is
based on information provided by Wood within a recent electronic email. Our experience within
waste management ensures we will perform this work safely, efficiently, professionally and on
your timely schedule.

SCOPE OF WORK

Wood has requested that CCI provide pricing for transportation and disposal of 1-55-gallon
non-hazardous drum located in Dunn, NC. It is our understanding the drum will be staged
within an area accessible to CCI’s equipment.

CCI proposes to mobilize a technician and box truck to Wood’s Dunn, NC project site. Once
onsite CCI will label and load the non-hazardous drum onto a box truck and manifest the drum
as a non-hazardous material for offsite transportation and disposal.

All CCI employees are trained in Hazardous Waste and Emergency Response Operations in
accordance with 29 CFR 1910.120. Each employee is subject to medical monitoring in addition
to drug and alcohol screening.

Woods
Dunn, NC
Page 2

COST PROPOSAL

Transportation Services…………..…………………………………$450.00/per round trip

Disposal of Non-Hazardous Drums………………………………....$65.00/per drum

Supply 55 Gallon Drum……………………………………………..$50.00/per drum

ASSUMPTIONS, TERMS & CONDITIONS

CCI has made the following assumptions in developing this proposal:

• Prices presented herein are valid for 30 days from the date of this proposal.
• Payment terms are net 30 days upon receipt of invoice.
• Generator will provide access without unreasonable delay for loading.
• Generator will have a representative available to sign a waste profile and manifest for
shipping and disposal.
• All material collected for disposal will be non-hazardous.
• Any other delays onsite not caused by CCI will be charged at a demurrage rate of $75.00
per rate.

CCI Environmental appreciates the opportunity to provide Wood this proposal. If you have any
questions or desire additional information, please feel free to call me at [phone]. Thank
you for considering CCI Environmental to assist with this project.

Sincerely,

Tim Parker

Tim Parker
Industrial Project Manager
[e-mail]

Contaminant Control Inc.

Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, North Carolina 27703
Tel: [phone] / Fax: [phone]
www.woodplc.com
Licensure: NC Engineering F-1253 / NC Geology C-247
This proposal was prepared in consideration of recommendations presented in the Free Product Recovery
Report Dated July 30, 2020 and NCDEQ Acknowledgement Letter 1 (attached); and subsequent communications
with the UST Section.
The NCDEQ Acknowledgement Letter agreed with the Free Product Recovery Report recommendation to
continue passive recovery of free product for four quarters, with a summary report due July 31, 2021.
Furthermore, as a result of the success of free product recovery efforts to this point, the NCDEQ also agreed
with performing a comprehensive groundwater sampling event at the Site to evaluate current groundwater
contaminant concentrations to further evaluate the potential of acquiring a Notice of No Further Action (NFA)
for the incident once free product is no longer present at the Site.

BACKGROUND
In 1997 and 1998, inventory discrepancies indicated the release of at least 1,820 gallons of diesel fuel from the
Site UST system, and the release was issued Incident # 19070 by the UST Section. In 1998, recovery wells RW-1
through RW-4 were installed and approximately 1,700 gallons of free product were recovered using Aggressive
Fluid and Vapor Recovery (AFVR) technology. A pneumatic free product recovery system was installed in 2001
and operated until approximately 2005; however, the operation records for the system are unavailable. On July
8, 2010, the UST Section issued a Notice of Regulatory Requirements (NORR) for the Site, requiring the
preparation of a Free Product Evaluation, followed by the submittal of a Free Product Recovery Report.

1 North Carolina Department of Environmental Quality (NCDEQ), Division of Waste Management (DWM)
Underground Storage Tank (UST) Section Acknowledgement of Report Receipt Letter dated August 14, 2020
October 9, 2020

Mr. Danny Matthews
Facility Maintenance Manager
Delhaize America
2940 Arrowhead Road
Dunn, NC 28334

RE: PROPOSAL FOR ENVIRONMENTAL SERVICES
FOOD LION DISTRIBUTION CENTER #4
DUNN, HARNETT COUNTY, NORTH CAROLINA
UST INCIDENT 19070
PROP20ENV0173

Dear Mr. Matthews:

Wood Environment & Infrastructure Solutions, Inc. (Wood) is pleased to present this proposal to Delhaize
America to provide environmental consulting services at the Food Lion Distribution Center #4, in Dunn, North
Carolina (Site). In the sections below, the proposal presents the Site background, scope of work, schedule, and
cost estimate.
Proposal for Environmental Services
2940 Arrowhead Road
Dunn, North Carolina

2
In response to the NORR, Wood began work at the Site in 2011 by preparing a Free Product Evaluation Report.
Subsequently, Wood assessed the extent of free product at the Site and prepared the April 5, 2013 Free Product
Recovery System Specification Report. Per the recommendations of the Free Product Recovery System
Specification Report, Wood installed recovery wells RW-5 through RW-9 and began free product recovery using
AFVR. Approximately 800 gallons of free product were recovered between 2013 and 2016. The success of the
AFVR resulted in the recovery of four and five gallons of free product during the final two events, respectively.
Due to the decreasing recovery volumes, the recovery technology was changed from AFVR to oil-absorbent
socks in 2016. Since use of the socks began, approximately 2.85 gallons of product have been recovered.

SCOPE OF WORK
The scope of work includes UST Trust Fund task preapproval, four quarters of free product gauging and
recovery, reporting, and UST Trust Fund reimbursement request preparation and submittal.

Task 1 Prepare UST Trust Fund Preapproval and Reimbursement Requests
Wood will submit two preapproval requests to the UST Trust Fund. The first preapproval will request
reimbursement of the first two quarterly free product recovery events and will be submitted prior to the first
event. The second preapproval submittal will be submitted prior to the third quarterly free product recovery
event and will consist of the last two quarterly free product recovery events and the comprehensive groundwater
sampling event. Each request will include a brief work plan and implementation schedule. The work will not be
performed until approvals are received accordingly from the UST Trust Fund.
Wood will prepare two reimbursement packages for submittal to the UST Trust Fund. The first reimbursement
package will be prepared following the completion of the second quarterly free product recovery event and the
second reimbursement package will be prepared following the completion of the fourth free product recovery
event and final submittal of the Free Product Recovery Report to the UST Section. The UST Trust Fund
reimbursement packages must include complete back up of expenditures to receive reimbursement. The
completed packages will be sent to Delhaize for signature, notarization, and submission to UST Section.

Task 2 Gauge Free Product Thickness and Replace Absorbent Socks (4 events)
Wood will evaluate and potentially replace absorbent socks in the fourth quarter of 2020, and the first, second,
and third quarters of 2021. The condition of the used socks will be assessed to determine if the sock has
absorbed free product. If free product is evident, the sock will be visually evaluated to determine if the
absorptive capacity of the sock was exceeded during the quarter and the thickness of observed free product in
the well will be measured. If a well appears to no longer contain measurable free product, the sock will not be
replaced and the well be evaluated quarterly to determine if measurable free product (i.e., greater than 0.01
feet) returns. Depth to water will be measured in each well. Currently, socks are deployed in recovery wells RW-
2 and RW-8; however, free product has historically been present in up to six recovery wells (RW-2, RW-3, RW-
4, RW-6, RW-8, and RW-9). Therefore, for the purposes of this proposal, costs have been included for the
evaluation and replacement/installation of up to six absorbent socks per event, if necessary. Used absorbent
socks will be placed in an existing 55-gallon drum on-Site. The drum will be replaced and disposed of during
the third quarter 2021 event.

Task 3 Comprehensive Groundwater Sampling Event
In accordance with the NCDEQ Acknowledgement Letter, Wood will perform a groundwater monitoring event.
Samples will be collected from each groundwater monitoring well (MW-1, MW-2, MW-3, MW-4) and recovery
well (RW-1, RW-2, RW-3, RW-4, RW-5, RW-6, RW-7 RW-8, and RW-9). If free product is measured within a well,
the well will not be sampled. The samples will be analyzed by Contest Laboratories (Contest), a North Carolina-
Proposal for Environmental Services
2940 Arrowhead Road
Dunn, North Carolina

3
certified laboratory, for volatile organic compounds (VOCs) according to EPA Method 602, semi-volatile organic
compounds (SVOCs) according to EPA Method 625, and volatile petroleum hydrocarbons (VPH) and extractable
petroleum hydrocarbons (EPH) according to Massachusetts Department of Environmental Protection (MADEP)
methods.

Task 4 Reporting
Wood will submit a Free Product Recovery Report to the UST Section documenting the four quarterly recovery
events in a single report. The report will also present the results of the groundwater sampling event. The report
will include figures showing well locations and groundwater contaminant concentrations and tables
summarizing groundwater elevations and locations of free product. The report will include a recommendation
regarding future free product recovery, as well as potential paths to acquiring a NFA determination. It is
necessary to report the status of the existing plume. e.g. expanding or shrinking and free product recovery for
NCDEQ UST to consider issuing an NFA determination for a site.

SCHEDULE
The approximate schedule for this scope of work will be as follows:
 Gauging and Sock Replacement Event 1: October 2020
 Gauging and Sock Replacement Event 2: January 2021
 Groundwater Sampling Event and Gauging and Sock Replacement Event 3: April 2021
 Gauging and Sock Replacement Event 4: July 2021

FEE ESTIMATE
Wood proposes to perform the scope of work identified above on a time and materials basis at an estimated
cost not to exceed $22,500, as detailed by task below.
Task 1 Prepare UST Trust Fund Preapproval and Reimbursement Requests $2,200
Task 2 Gauge Free Product Thickness and Replace Absorbent Socks (4 events) $4,200
Task 3 Comprehensive Groundwater Sampling Event $10,800
Task 4 Prepare Free Product Recovery Report $5,300
Estimated Total $22,500

Assumptions
 It is assumed only one drum of IDW will be generated as a result of the groundwater sampling and
absorbent sock replacement.
 Wood assumes that the facility will provide access to the Site on week days during the normal business
hours of 7:00 AM to 6:00 PM.
 Fieldwork will be performed under good weather and ground conditions and without major equipment
failures.
 Wood can operate using Level D safety protection during the course of the evaluation.
Proposal for Environmental Services
2940 Arrowhead Road
Dunn, North Carolina

4

CLOSING
Wood is prepared to begin work upon approval of this proposal. If you accept our proposal and the attached
terms and conditions, please indicate by signing that attached Authorization to Proceed and return to us via email
to [e-mail].
We appreciate the opportunity to continue working with Delhaize America, and we are available at your
convenience to discuss any questions you may have regarding this proposal. Please contact Anthony Kellogg
at [phone] or at the email address listed above.

Respectfully submitted,
Wood Environment & Infrastructure Solutions, Inc.

Anthony Kellogg Andy Clark, LG
Senior 1 Project Manager Carolinas Environmental Service Line Lead

Attachments: Wood Standard Terms and Conditions
Authorization to Proceed
NCDEQ Acknowledgement Letter

Wood Environment & Infrastructure Solutions, Inc. (Wood)
Terms and Conditions
US T&C 4-2020

1. COMPENSATION: Invoices will be submitted at least monthly for Services rendered. Terms of payment are net thirty (30) days from date of invoice with a late fee of one and one-half percent (1.5%) per month or eighteen
percent (18%) per annum or the maximum amount allowable by law on balances past due. Interest shall be computed at 31 days from the date of invoice. In addition, any collection fees, attorneys’ fees, court costs, and other
related expenses incurred by Wood in the collection of delinquent invoice amounts shall be paid by CLIENT.
If CLIENT reasonably objects to all or any portion of an invoice, CLIENT shall notify Wood of that fact in writing within ten (10) days from the date of receipt of Wood’s invoice, give reasons for the objection, and pay that
portion of the invoice not reasonably in dispute. Failure of CLIENT to provide such written notice within the allowed ten (10) day period shall be deemed to be a waiver of all objections to that invoice.
CLIENT’s payment shall represent CLIENT’s acceptance of the Services invoiced by Wood. Wood may suspend performance of Services under this Agreement if: (i) CLIENT fails to make payment in accordance with the
terms hereof, or (ii) Wood reasonably believes that CLIENT will be unable to pay Wood in accordance with the terms hereof and notifies CLIENT in writing prior to such suspension of Services. Such suspension shall continue
until Wood has been paid in full for all balances past due including applicable service charges and CLIENT provides Wood with adequate assurance of CLIENT’s ability to make future payments in accordance with the terms
hereof. If any such suspension causes an increase in the time required for the performance of any part of the Services, the performance schedule and/or period for performance shall be extended for a period of time equal to the
suspension period.
2. STANDARD OF CARE: WOOD will perform the Scope of Services utilizing that degree of skill and care ordinarily exercised under similar conditions by reputable members of Wood’s profession practicing in the same or
similar locality at the time of performance. NO OTHER WARRANTY, GUARANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, IS MADE OR INTENDED IN THIS AGREEMENT, OR IN ANY COMMUNICATION
(ORAL OR WRITTEN), REPORT, OPINION, DOCUMENT, OR INSTRUMENT OF SERVICE, AND THE SAME ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
3. INDEPENDENT CONTRACTOR: Wood shall be fully independent and shall not act, except as permitted herein, as an agent or employee of CLIENT. Wood shall be solely responsible for its employees and for their
compensation, benefits, contributions, and taxes, if any. Unless otherwise agreed to in writing by Wood and CLIENT, neither party shall directly or indirectly solicit, hire or retain, or knowingly cause a third party to solicit,
hire or retain, during the term of this Agreement and for a period of one (1) year after the date on which this Agreement terminates, any employee of the other party who works on the preparation of the Proposal or
otherwise performs Services under or in connection with this Agreement. Nothing herein shall prevent either party from hiring any individual who responds to a general advertisement for services.
4. INSURANCE: Wood will maintain insurance for this Agreement in the following types and limits: (i) worker’s compensation insurance as required by applicable law, (ii) comprehensive general liability insurance (CGL)
($1,000,000 per occurrence / $2,000,000 aggregate), and (iii) automobile liability insurance for bodily injury and property damage ($1,000,000 CSL).
5. CHANGES: CLIENT may order changes within the general scope of the Services by altering, adding to, or deleting from the Services to be performed. Work beyond the scope of services or re-doing any part of the
project through no fault of Wood, shall constitute extra work and shall be paid for on a time-and-materials basis in addition to any other payment provided for in this Agreement. Should Wood encounter conditions which
were (i) not reasonably anticipated, including, but not limited to, changes in applicable law, (ii) subsurface or otherwise concealed physical conditions that differ materially from those indicated in this Agreement or (iii)
unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character contemplated by this Agreement, Wood shall
promptly provide notice to CLIENT. CLIENT shall promptly investigate such conditions. If, in Wood’s reasonable opinion, the conditions cause an increase or decrease in Wood’s cost of, or time required for,
performance of any part of its Services, CLIENT shall issue a Change Order with an equitable adjustment in Wood’s compensation, schedule, or both. In the event no Change Order is agreed to, Wood reserves the right
to either (i) suspend its performance until a Change Order is agreed to or (ii) discontinue its performance and terminate this Agreement.
6. FORCE MAJEURE: Should performance of Services by Wood be affected by causes beyond its reasonable control, Force Majeure results. Force Majeure includes but is not restricted to: acts of God; acts of a legislative,
administrative or judicial entity; acts of contractors other than contractors engaged directly by Wood; earthquakes; fires; floods; labor disturbances; epidemics, pandemics; and unusually severe weather. Wood will be granted a
time extension and the parties will negotiate an equitable adjustment to the price of any affected Services, where appropriate, based upon the effect of the Force Majeure on performance by Wood. The Parties agree that the
current COVID-19 Pandemic shall be deemed a Force Majeure under this section and that any on-going or future potential or actual disruptions, or delays in performance of services or deliverables related to the COVID-19
Pandemic will be subject to the time and compensation requirements listed in this Section 6.
7. CLIENT’S RESPONSIBILITIES: CLIENT agrees to provide Wood all available material, data, and information pertaining to the Services.
8. SITE ACCESS: CLIENT shall at its cost and at such times as may be required by Wood for the successful and timely completion of Services: (i) provide unimpeded and timely access to any site, including third party sites
if required (ii) provide an adequate area for Wood’s site office facilities, equipment storage, and employee parking; (iii) furnish all construction utilities and utilities releases necessary for the Services; (iv) provide the locations of all
subsurface structures, including piping, tanks, cables, and utilities; (v) approve all locations for digging and drilling operations; and (vi) obtain all permits and licenses which are necessary and required to be taken out in CLIENT’s
name for the Services. Wood will not be liable for damage or injury arising from damage to subsurface structures that are not called to its attention and correctly shown on the plans furnished to Wood in connection with
its work.
9. WARRANTY OF TITLE, WASTE OWNERSHIP: CLIENT has and shall retain all responsibility and liability for the environmental conditions on the site. Title and risk of loss with respect to all materials shall remain with
CLIENT At no time will Wood assume possession or title, constructive or express, to any such materials, including samples and wastes.
10. LIMITATION OF LIABILITY:
CLIENT’s sole and exclusive remedy for any alleged breach of Wood’s standard of care hereunder shall be to require Wood to re-perform any defective Services. All claims by CLIENT shall be deemed
relinquished unless filed within one (1) year after substantial completion of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AGREES THAT THE LIABILITY OF WOOD TO CLIENT FOR ANY AND ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION,
CONTRIBUTION, ASSERTED BY CLIENT AND ARISING OUT OF OR RELATED TO THE NEGLIGENT ACT(S), ERROR(S) OR OMISSION(S) OF WOOD IN PERFORMING SERVICES, SHALL BE LIMITED TO
FIFTY THOUSAND DOLLARS ($50,000) OR THE TOTAL FEES ACTUALLY PAID TO WOOD BY CLIENT UNDER THE AGREEMENT WITHIN THE PRIOR ONE (1) YEAR PERIOD, WHICHEVER IS LESS
(“LIMITATION”). CLIENT HEREBY WAIVES AND RELEASES (I) ALL PRESENT AND FUTURE CLAIMS AGAINST WOOD OTHER THAN THOSE DESCRIBED IN THE PRECEDING SENTENCE, AND (II) ANY
LIABILITY OF WOOD IN EXCESS OF THE LIMITATION.
In consideration of the promises contained herein and for other separate, valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CLIENT acknowledges and agrees that
(i) but for the Limitation, Wood would not have performed the Services, (ii) it has had the opportunity to negotiate the terms of the Limitation as part of an “arms-length” transaction, (iii) the Limitation
amount may differ from the amount of professional liability insurance carried by Wood, (iv) the Limitation is merely a limitation of, and not an exculpation from, Wood’s liability and does not in any way
obligate CLIENT to defend, indemnify or hold harmless Wood, (v) the Limitation is an agreed remedy, and (vi) the Limitation amount is neither nominal nor a disincentive to Wood performing the Services
in accordance with the Standard of Care.
Wood and CLIENT each hereby waive any right to recover from the other party for any special, incidental, indirect, or consequential damages (including, but not limited to: loss of use, loss of revenue, loss of
profit, loss of contracts, loss of product or production, or loss of business opportunity) incurred by either Wood or CLIENT or for which either party may be liable to any third party, which damages have been or
are occasioned by services performed or reports prepared or other work performed hereunder.
CLIENT agrees that the damages for which Wood shall be liable are limited to that proportion of such damages which is attributable to Wood’s percentage of fault subject to the other limitations
herein.
11. INDEMNITY: CLIENT agrees to defend, indemnify, protect and hold harmless Wood and its officers, employees and agents from any and all claims, liabilities, damages or expenses, including but not limited to delay of
the project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may arise directly or indirectly, to any party, as a
result of the services provided by Wood under this Agreement, unless such injury or loss is caused by the sole negligence of Wood.
12. ASSIGNMENT AND SUBCONTRACTING: Neither party shall assign its interest in this Agreement without the written consent of the other. If services are required in New York, Wood will arrange for such services
to be provided by an associated firm and this agreement, where required, shall be deemed to be directly between the CLIENT and the licensed firm for all purposes related to the specific scope of services. Wood shall
retain responsibility in accordance with this Agreement for all services performed.
13. COST ESTIMATES: If included in the Services, Wood will provide cost estimates based upon Wood’s experience on similar projects, which are not intended for use by CLIENT or any other party in developing
firm budgets or financial models, or in making investment decisions. Such cost estimates represent only Wood’s judgment as a professional and, if furnished, are only for CLIENT’s general guidance and are not guaranteed as
to accuracy.
14. TERMINATION: Either party may terminate this Agreement at any time by providing not less than ten (10) days advance written notice to the other party. In the event of a termination, CLIENT shall pay for all
reasonable charges for work performed and demobilization by Wood to date of notice of termination. The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination
of this Agreement.
15. GOVERNING LAWS/LANGUAGE: This Agreement shall be governed and construed in accordance with the laws of the state of the Wood office entering into this Agreement. All communications relating to or arising out
of this Agreement shall be in the English language.
16. FIELD REPRESENTATION: The Services do not include supervision or direction of the means, methods or actual work of other consultants, contractors and subcontractors not retained by Wood. The presence of
Wood’s representative will not relieve any such other party from its responsibility to perform its work and services in accordance with its contractual and legal obligations and in conformity with the plans and
specifications for the project. CLIENT agrees that each such other party will be solely responsible for its working conditions and safety on the site. Wood’s monitoring of the procedures of any such other party is not
intended to include a review of the adequacy of its safety measures. It is agreed that Wood is not responsible for safety or security at a site, other than for Wood’s employees, and that Wood does not have the
contractual duty or legal right to stop the work of others.
17. DISPUTES: Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step: 1) by the technical and contractual
personnel for each party performing this Agreement, 2) by executive management of each party, 3) by mediation, or 4) through the court system of the state of the Wood office that is entering into this Agreement. CLIENT hereby
waives the right to trial by jury for any disputes arising out of this Agreement. Except as otherwise provided herein, each party shall be responsible for its own legal costs and attorneys’ fees.
18. EXCLUSIVE USE: Services provided under this Agreement, including all reports, information or recommendations prepared or issued by Wood, are for the exclusive use of the CLIENT for the project specified. No other
use is authorized under this Agreement. CLIENT will not distribute or convey Wood’s reports or recommendations to any person or organization other than those identified in the project description without Wood’s written
authorization. CLIENT releases Wood from liability and agrees to defend, indemnify, protect and hold harmless Wood from any and all claims, liabilities, damages or expenses arising, in whole or in part, from such unauthorized
distribution. All reports, drawings, plans, documents, software, source code, object code, field notes and work product (or copies thereof) in any form prepared or furnished by Wood under this Agreement are instruments of
service. Exclusive ownership, copyright and title to all instruments of service remain with Wood.

Wood Environment & Infrastructure Solutions, Inc. (Wood)
Terms and Conditions
US T&C 4-2020

19. ENTIRE AGREEMENT: The terms and conditions set forth herein constitute the entire understanding and agreement of Wood and CLIENT with respect to the Services. All previous proposals, offers, and other
communications relative to the provisions of these Services are hereby superseded. Should CLIENT utilize its purchase order or any other form to procure services, CLIENT acknowledges and agrees that its use of such
purchase order or other form is solely for administrative purposes and in no event shall Wood be bound to any terms and conditions on such purchase order or other form, regardless of reference to (e.g. on invoices) or signature
upon (e.g. acknowledgement) such purchase order or other form by Wood. CLIENT shall reference this Agreement on any purchase order or other form it may issue to procure Wood services, but CLIENT’s failure to do so shall
not operate to modify this Agreement.

4-2018

AUTHORIZATION TO PROCEED

Proposal No. PROP20ENV0173

Proposal Date: October 9, 2020

Client name: Delhaize America, inc.____________________________________

Project Start date: October 2020_______________________________________

Project No. TBD_____________________________________________________

This Authorization to Proceed confirms acceptance of the Proposal, dated October 9, 2020 and the
contractual terms and conditions referenced therein.

______________________________________ _____________________________
On behalf of Client or Authorized Signature Date

Accepted by Wood Environment & Infrastructure Solutions, Inc.

_________________________________________ _____________________________
Authorized Signature Date